[DOWNLOAD] "North Carolina v. Goforth" by Court of Appeals of New York # Book PDF Kindle ePub Free
eBook details
- Title: North Carolina v. Goforth
- Author : Court of Appeals of New York
- Release Date : January 06, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Defendants assign as error the trial courts denial of their motion for appropriate relief, after the return of the jury verdict, on the grounds that the conspiracy indictments do not charge any violation of the law. For a valid indictment, there must be such certainty in the statement of accusation as will (1) identify the offense with which the accused is sought to be charged; (2) protect the accused from being twice put in jeopardy for the same offense; (3) enable the accused to prepare for trial; and (4) enable the court, on conviction or plea of nolo contendere or guilty, to pronounce sentence. State v. Sparrow, 276 N.C. 499, 510, 173 S.E.2d 897, 904 (1970), cert. denied, 403 U.S. 940, 91 S. Ct. 2258, 29 L. Ed. 2d 719 (1971). We find that there was uncertainty as to the offense charged sufficient to render the indictments here invalid and hold that defendants motion for appropriate relief should have been granted.